Seasonal Agricultural Workers Scheme: Visas

Lord Carter: asked Her Majesty's Government:
	What compensation will be paid to farmers and growers who cannot harvest their crop owing to the suspension of visa services in Bulgaria, Moldova, Romania and China who cannot obtain alternative labour to pick crops in May and June.

Baroness Scotland of Asthal: I refer my noble friend to the Written Statement (Immigration Review) I made on 19 May 2004 (Col. WS 31) regarding the Seasonal Agricultural Workers Scheme and the lifting of visa suspensions in Bulgaria and Romania.
	China was not affected by the recent visa suspensions.

Iraq: Costs to UK

Lord Rea: asked Her Majesty's Government:
	What is their most recent estimate of the total cost to the United Kingdom of the military operations in Iraq; and what is the ongoing additional burden on the defence budget of the continued occupation of Southern Iraq.

Lord Bach: I refer the noble Lord to the Answer which my right honourable friend the Secretary of State for Defence gave in another place on 17 May 2004, (Official Report, Commons, col. 657).

ISAF: Air Transport and Support Helicopter Capability

Lord Avebury: asked Her Majesty's Government:
	Whether they will support an increase in the provision of utility helicopters and Hercules transport planes to enhance NATO's capability in Afghanistan and allow individual Provincial Reconstruction Teams to be reinforced quickly if they should be threatened.

Lord Bach: NATO determines the military capabilities needed by the International Security Assistance Force (ISAF) and the Provincial Reconstruction Teams (PRTs) it plans to establish. The United Kingdom supports NATO's requirement for the ISAF to have an effective air transport and support helicopter capability: we have already offered ISAF access to the Hercules transport aircraft we use to support our existing PRT in Mazar-e Sharif. We are also working actively with our partners in NATO and ISAF to ensure the force continues to have an air transport and support helicopter capability appropriate to all its needs.

Commission for Equality and Human Rights

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they consider that the new Commission for Equality and Human Rights should be empowered to seek judicial review of breaches of Section 6 of the Human Rights Act 1998 by public authorities.

Lord Filkin: We are currently considering the recommendations made to this effect by the Joint Committee on Human Rights in its 11th Report of Session 2003–04, Commission for Equality and Human Rights: Structure, Functions and Powers and will respond formally in due course.

Freedom of Information Act 2000

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What undertakings or assurances were given by Ministers during the passage of the Freedom of Information Act 2000 as to the percentage of the costs of providing information under the Act that would be paid by members of the public.

Lord Filkin: During the passage of the Freedom of Information Act, Ministers made the following commitments about the percentage of the costs of providing information payable by members of the public:
	during Commons committee stage of the Bill (Standing Committee B, 4th sitting, 18 January 2000, col. 87), the Home Office Minister said: "We have chosen to provide by regulation that an authority may charge ten per cent of the marginal costs of supplying information . . .".
	At the Lords Report stage of the Bill, the Home Office Minister made a similar statement: "The Government have published their draft fees regulations. The policy is that the maximum fee should be 10 per cent of the marginal costs of seeking and finding the information."
	(14 November 2000, cols. 186–87;) and "We have decided to apply a charge equivalent to ten per cent of marginal costs . . . Unlike other jurisdictions, we are limiting the application to the marginal cost of locating and finding the information" 1 .
	In response to an amendment proposed during Committee, the Minister stated: "The answer to the question whether fee setting will involve either no fee or a maximum is no. The basic regulations will lay down a method for calculating fees: ten per cent of marginal costs" 2 .
	1 Standing Committee B, Freedom of Information Bill, 4th Sitting, 18 January 2000, col. 87.
	2 Commons Hansard, Standing Committee B, 4th Sitting, 18 January 2000, col. 95.
	Later in the same proceedings he said: "We have already announced that we are minded to set the appropriate limit for authorities at £500, and to restrict the cost that can be included in that calculation to the marginal cost of locating and finding the information in question. For information to be disclosed under clause 1, we have further made it clear that the charge to applicants will not exceed ten per cent of those marginal costs" 3 .
	The then Home Secretary, Jack Straw, told MPs: "The cost of complying with a request is the cost of locating information, plus disbursements, but authorities may charge only up to 10 per cent of those marginal costs".
	Lord Bach, speaking for the Government, told Peers during the Lords Report stage: "The regulations will provide that the greater part of the costs of disclosing information under the Bill will be met by the public purse . . . The Government have published their draft fees regulations. The policy is that the maximum fee should be 10 per cent of the marginal costs of seeking and finding the information;"
	The Home Office Minister Lord Bassam of Brighton told Peers: "public authorities will bear the bulk of the cost of providing information"
	Lord Bach said: "The regulations will provide that the greater part of the costs of disclosing information under the Bill will be met by the public purse."
	3 Commons Hansard, Standing Committee B, 5th Sitting, 18 January 2000, col. 113.
	Commons Hansard, 4 April 2000, Column 933.
	Lords Hansard, 14 November 2000, Columns 186–87.
	Lords Hansard, 17 October 2000, Column 998.

Northern Ireland: High Court Judges

Lord Laird: asked Her Majesty's Government:
	Who recommended the current members of Her Majesty's High Court of Justice in Northern Ireland for appointment and when; whether this was solely on the basis of merit; and whether they will provide information about the gender, age, ethnic origins and community background and the part of Northern Ireland with which the judges regard themselves as being most closely associated.

Lord Filkin: There are nine High Court Judges in Northern Ireland:
	The Honourable Mr Justice Sheil—appointed November 1989;
	The Honourable Mr Justice Higgins—appointed November 1993;
	The Honourable Mr Justice Girvan—appointed April 1995;
	The Honourable Mr Justice Coghlin—appointed April 1997;
	The Honourable Mr Justice Gillen—appointed January 1999;
	The Honourable Mr Justice McLaughlin—appointed September 1999;
	The Honourable Mr Justice Weatherup—appointed June 2001;
	The Honourable Mr Justice Weir—appointed September 2003;
	The Honourable Mr Justice Morgan—appointed May 2004.
	All were appointed by Her Majesty the Queen on the recommendation of the Lord Chancellor. The appointments were made solely on the basis of merit.
	Personal information in relation to individuals is not released.

Lord Chief Justice of Northern Ireland

Lord Laird: asked Her Majesty's Government:
	Who recommended the Lord Chief Justice of Northern Ireland for appointment and when; whether this was solely on the basis of merit; and whether they will provide information about his age, ethnic origin and community background and the part of Northern Ireland with which he regards himself as being most closely associated.

Lord Filkin: The appointment of Sir Brian Kerr as Lord Chief Justice of Northern Ireland was made by Her Majesty the Queen in January 2004 on the recommendation of the Lord Chancellor.
	The appointment was made solely on the basis of merit.
	Personal information in relation to individuals is not released.

Northern Ireland: Lord Justices of Appeal

Lord Laird: asked Her Majesty's Government:
	Who recommended for appointment the members of Her Majesty's Court of Appeal in Northern Ireland and when; whether this was solely on the basis of merit; and whether they will provide information about the judges' gender, age, ethnic origins and community background and the part of Northern Ireland with which they regard themselves as being most closely associated.

Lord Filkin: There are three Lord Justices of Appeal in Northern Ireland:
	The Right Honourable Lord Justice Nicholson—appointed April 1995;
	The Right Honourable Lord Justice McCollum—appointed January 1997; and
	The Right Honourable Lord Justice Campbell—appointed September 1998.
	All were appointed by Her Majesty the Queen on the recommendation of the Lord Chancellor. The appointments were made solely on the basis of merit.
	Personal information in relation to individuals is not released.

Northern Ireland Judicial Appointments Commission

Lord Laird: asked Her Majesty's Government:
	When they intend to appoint members to the Northern Ireland Judicial Appointments Commission provided for in the Justice (Northern Ireland) Act 2002.

Lord Filkin: The target date for the establishment of the Northen Ireland Judicial Appointments Commission is June 2005. It is planned to appoint the members in the Spring.

Northern Ireland Judicial Appointments Commission

Lord Laird: asked Her Majesty's Government:
	Whether they will appoint the lay members to the Northern Ireland Judicial Appointments Commission before, at the same time as or after the appointment of the judicial members and the legal professional members.

Lord Filkin: The lay members of the Northern Ireland Judicial Appointments Commission will be appointed at the same time as the judicial and legal profession members.

Northern Ireland: Senior Judiciary Selection Criteria

Lord Laird: asked Her Majesty's Government:
	What are their criteria for the selection of the senior judiciary.

Lord Filkin: The selection criteria for appointment as a judge of the High Court of Justice in Northern Ierland are:
	Legal knowledge and experience
	Intellectual and analytical ability
	Sound judgement
	Decisiveness
	Communication skills
	Authority and case management
	Personal qualities—integrity and independence, fairness, understanding of people and society, maturity and sound temperament, courtesy and commitment.
	While there are no published criteria for appointment to the offices of Lord Chief Justice or Lord Justice of Appeal, those appointed are also expected to meet the above criteria. Appointments are made solely on the basis of merit.

Business: Regulation and Taxation

Lord Tebbit: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Sainsbury of Turville on 12 May (WA 44) on business costs and taxation since 1997, why no mention was made of the levy on privatised businesses; and why the answer gave tax rates but made no mention of costs.

Lord Sainsbury of Turville: The levy on privatised businesses (the "Windfall Tax") was a one-off tax on the excess profits of the privatised utilities, the proceeds of which have directly benefited business through the New Deal.
	The reason my previous Answer gave the tax rates and not the cost is because that is the best way to express the tax burden on industry.

Motorsport Events

Lord Astor of Hever: asked Her Majesty's Government:
	What action they will take in the light of the Department of Trade and Industry Motorsport Competitiveness Panel recommendation that the Motorsport Development Board should access appropriate resources to ensure that the United Kingdom continues to host key world-class motorsport events.

Lord Sainsbury of Turville: The Motorsport Development Board has been engaged since November 2003 in delivering all of the Motorsport Panel's recommendations including business development, widening participation, the promotion of energy-efficient motorsport, the creation of a dedicated Motorsport Academy and the training of volunteer marshals and race officials. All of these measures contribute to the health of the UK's world-leading motorsport sector and to the retention of world-class motorsport events.
	The Government have made available the sum of £16 million over five years in support of the panel's recommendations. In addition, the board draws on the resources of a dedicated Government Motorsport Unit staffed by four Regional Development Agencies and the Departments of Trade and Industry and Culture, Media and Sport.

Emergency Contraception

Lord Alton of Liverpool: asked Her Majesty's Government:
	Whether they will review their decision to allow over-the-counter sales of the "morning-after" pill following the decision of the United States Food and Drug Administration to ban such sales.

Lord Warner: Since 1 January 2001 pharmacists have been permitted to supply levonorgestrel 0.75mg to women aged 16 and over for use as an emergency contraceptive (the "morning-after" pill). There are no plans to review the decision which allows the supply of emergency contraception under these circumstances as there is no new evidence relevant to the criteria in the UK for Prescription Only Medicine status.
	On 7 May 2004, the Food and Drug Administration (FDA) announced that it had issued a "not approvable" letter in relation to a proposal to make a product for emergency contraception available without prescription in the United States (US). The letter also outlined the additional information that would be required to gain approval to market the product. In particular, the FDA was concerned about the lack of data concerning the use of the product among adolescents younger than 16 years old. In the US, unlike pharmacy availability in the UK, supply without a prescription is comparable to supply without the supervision either of a doctor or a pharmacist.
	The Medicines and Healthcare Products Regulatory Agency (MHRA) keeps the safety of all medicines under review. The MHRA will continue to monitor the safety of levonorgestrel 0.75mg and will review any potential safety issues in the light of any new evidence which may emerge.

Data Protection: Government Departments

The Earl of Northesk: asked Her Majesty's Government:
	What steps they are taking to ensure that data collected by government departments and their agencies are not subject to inappropriate and illegal access by the staff of such organisations.

Lord Bassam of Brighton: The Data Protection Act 1998 provides the framework for the processing of personal data. Departments take these requirements into consideration when developing their policies on the use and storage of data they hold. Each department's and agency's management code will set out the disciplinary procedures that will apply within their own organisation including the types of offences that can lead to dismissal.
	The Department for Constitutional Affairs is currently developing a public service guarantee on data handling which will give guidance to the general public on the standards that public bodies should adher to when handling personal data.

Cabinet Office: Net Administration Costs

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Why, according to the Departmental Report 2004 of the Cabinet Office (CM 6226, April 2004), total net administration costs for the Cabinet Office have almost doubled between 1998–99 and 2002–03.

Lord Bassam of Brighton: The increase in net administration costs for the Cabinet Office between 1998–99 and 2002–03 is due to a number of factors:
	functions transferred into the Cabinet Office;
	consequential increased accommodation expenditure;
	extra costs of security and resilience after September 2001;
	an expansion of the Cabinet Office role in improving delivery and reform in public services;
	additional investment in e-government projects.
	The Departmental Report shows how the Cabinet Office is making good progress towards the delivery of its public service agreement targets and sets out details of activity in areas, such as security, where spend has increased. The report also explains that Cabinet Office is on course to achieve savings on administrative resources.

Government Documents: Accessible Formats

Lord Carter: asked Her Majesty's Government:
	Whether they will ensure that when government documents are to be issued in formats accessible to disabled people such formats are available at the same time as the publication of the original documents.

Lord Bassam of Brighton: The cost of producing documents in accessible formats is significant and the demand for these is difficult to forecast.
	Based on current levels of demand, the cost of producing all government documents in alternative formats at the same time as publication of the original documents would be disproportionate. Alternative format copies can generally be made available within four to five working days and within a maximum of 10 working days of receipt of a request. Where departments can forecast a demand for copies in advance they are produced at the same time. Simultaneous publication online of government documents has allowed greater manipulation and has provided more flexible options for the visually impaired.

A1: North Northumberland

Lord Walton of Detchant: asked Her Majesty's Government:
	What progress they have made towards constructing dual carriageways on the A1 highway in north Northumberland; and whether they can now publish a timetable relating to schemes already approved.

Lord Davies of Oldham: The Highways Agency expects this financial year to invite bids from contractors to develop proposals for the A1 Adderstone to Belford and A1 Morpeth to Felton dualling schemes. Subject to statutory procedures and availability of funds, works are expected to start in 2008–09.

A66: Temple Sowerby Bypass

Lord Jopling: asked Her Majesty's Government:
	When work will begin on the A66 bypass at Temple Sowerby in Cumbria in view of the undertaking given at the public enquiry that work would begin in the spring of 2004.

Lord Davies of Oldham: At the public inquiry into the draft orders for the A66 Temple Sowerby bypass scheme in February 2003, the Highways Agency advised that the earliest date construction could start would be 2004. Following the public inquiry, the Secretary of State, in July 2003, having considered the independent inspector's report, decided to make the necessary orders under the Highways Act, to enable the Highways Agency to proceed with the scheme. The orders are expected to be made in Summer 2004, and the Highways Agency expects to appoint a contractor to begin the detailed design work with a view, subject to funding, to starting construction in 2005–06.